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HMRC internal manual

Stamp Duty Land Tax Manual

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HM Revenue & Customs
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Reliefs: Right to buy transactions, shared ownership leases etc: Shared ownership leases: treatment where market value election not made: effect of linked transactions rules FA03/SCH9/PARA4B

The grant of the lease and all staircasing transactions - including those which are exempt from charge by virtue of FA09/SCH9/PARA4A - are “linked transactions” for the purposes of FA03/S108 - seeSDLTM10020

The rate of stamp duty land tax chargeable on staircasing transactions above 80% is determined by the aggregate consideration for all the linked transactions.

Where the effective date of the grant of the lease was on or after 12 March 2008, the linked transactions rules do not apply retrospectively to charge a higher rate of stamp duty land tax on the initial grant of the shared ownership lease - FA03/SCH9/PARA4B.

The linked transactions rules do not apply retrospectively to bring into charge staircasing transactions which are exempt from charge by virtue of FA09/SCH9/PARA4A